Menopause and the workplace

Claire Cole

Claire Cole (Employment Partner at Hallmark Whatley Hulme) and Rhiannon Phelps (Trainee) look at some of the issues employers need to think about when supporting menopausal women at work.

There are currently in excess of 3.5 million women over the age of 50 in the UK workforce and this number is set to rise. Menopausal symptoms are wide ranging and can include irregular sleep patterns, hot flushes, mood swings, headaches, joint pain and anxiety/mood swings. These symptoms can have a profound and debilitating effect on a woman’s physical and mental health and may lead to more absences from work, deterioration in performance and lowering of self- confidence.

It is vital that employers have steps, procedures and support in place to help female staff affected by the menopause and that employers understand how the menopause relates to the law

Health and Safety at Work Act 1974

Employers must ensure the health and safety of their employees and workplaces must not adversely impact women experiencing menopausal symptoms. Practical measures for employers to consider could be looking at adjusting temperatures at workstations, providing fans and cold drinking water, moving a desk closer to the window, assessing the adequacy of toilet and bathroom facilities and providing a private rest area

Equality Act 2010

The menopause is not a specific protected characteristic under the Equality Act 2010. However, if an employee or worker is put at a disadvantage and treated less favorably because of their menopausal symptoms, this could amount to discrimination if related to one of the protected characteristics under the Equality Act 2010 such as age, disability, gender reassignment or sex.

A number of women have successfully claimed age discrimination in the Employment Tribunal on the grounds that they were treated less favorably at work because they were going through the menopause and menopause is related to age.

Options for employers to consider to support menopausal women at work are:• flexible working arrangements, e.g. temporary or permanent reduction in hours, home working or hybrid working; • offering a period of unpaid leave or additional holiday; • additional rest breaks during the working day; • flexibility around an employee’s start and finish times.

Employers who implement a menopause policy will communicate to staff that they understand and can offer support to women at this most challenging time in their lives. Retaining the skills, experience and expertise of this group of women should be a priority for all employers.

The contents of this article are for purposes of general awareness only. They do not purport to constitute legal or professional advice. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.